New York Supreme Court August 15, 1963 (Union Savings Bank v. Dudine)

Jack Stanislaw, J.

Defendant Romano J. Dudine (hereinafter “ Dudine ”) moves to dismiss the complaint pursuant to rules 106 and 107 of the Rules of Civil Practice. Plaintiff is allegedly not a real party in interest, has no legal capacity to sue, does not state a cause of action and is faced with an existing final judgment precluding any rights it now asserts.